SC orders IGP to reinstate Police Supdt.

The Supreme Court on Thursday directed the Inspector General of Police who was present in Court to reinstate the petitioner Police Superintendent J.R. Jayawardena who had filed a fundamental rights petition against his alleged unlawful interdiction.

The petitioner J.R. Jayawardena cited Ampara DIG R. N. Weerasuriya, SP Bernard de Silva Special Investigation Unit Director SP A. Amarasinghe CID Director ASP Mervyn Silva, Inspector General of Police Mahinda Balasuriya, the Defence Secretary, Ampara ASP Premlal Ranagala, Assistant Elections Commissioner M.M.S.K. Bandara, the National Police Commission Secretary and the Attorney General as respondents.

The petitioner said that during the Presidential election held in January 2010 he was serving in the Ampara district and he had carried out his duties as stipulated in the terms and conditions laid out by the Elections Commissioner to carry out a free and fair election. He stated that on trumped up charges it was alleged he had come in contact with the Opposition candidate former Army Commander Sarath Fonseka when he had visited Ampara and also that he was supporting him. He was transferred and subsequently sent on compulsory leave.

The Supreme Court having heard Saliya Pieris, counsel for the petitioner, granted leave to proceed and directed the IGP to reinstate the petitioner. State Counsel giving an undertaking had reinstated the petitioner and allotted him duties at the Police Training School. The petitioner claims that two weeks after he was reinstated he was served with a letter to the effect that he was interdicted with immediate effect on the same charges.

The Supreme Court was informed by the petitioner of this development, whereupon the Court directed that the IGP be present in Court to explain why the order of the Court was not implemented.

When the case was heard Deputy Solicitor General Sanjay Rajaratnam informed Court that originally there was only one charge against the petitioner when he filed the fundamental rights petition but now in the pending inquiry were were seven charges brought against him.

The Bench comprising Chief Justice Asoka de Silva Judges P.A. Ratnayake and Ms. Chandra Ekanayake directed the IGP to reinstate the petitioner and the Court terminated the contempt matter against the IGP and directed the State to conclude the inquiry by May 31. The DSG gave an undertaking to comply with the Court order.

Attorney Saliya Pieris instructed by Gowri Thavarasa appeared for the petitioner. The case was listed for June 1.

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